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CONTRACT 214-331 <br /> ARTICLE 7 <br /> INSURANCE AND INDEMNITY <br /> Section 7.1 Indemnity <br /> The Contractor will indemnify, hold harmless and defend the City and its employees, agents, <br /> officers and servants from any and all lawsuits, claims, demands and causes of action of any <br /> kind arising from the negligent or intentional wrongful acts errors or omissions of the <br /> Contractor, its officers, employees or agents. This will include, but not be limited to, the <br /> amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other <br /> expenses incurred by the City arising in favor of any party, including the amounts of any <br /> damages or awards resulting from claims demands and causes of action for personal injuries, <br /> death or damages to property alleged or actual infringement of patents, copyrights, and <br /> trademarks and without limitation by enumeration, all other claims, demands, or causes of <br /> action of every character occurring, resulting, or arising from any negligent or intentional <br /> wrongful act, error or omission of the Contractor and/or its agents and/or employees. This <br /> obligation by the Contractor will not be limited because of the specification of any particular <br /> insurance coverage required under the Agreement. <br /> Section 7.2 Insurance <br /> (a) The Contractor will procure and maintain at its own expense insurance with insurance <br /> companies authorized to do business in the State of Texas, covering all operations under the <br /> Agreement, whether performed by the Contractor or its agents, subcontractors or employees. <br /> Before commencing the work the Contractor will furnish to the City a certificate or certificates in <br /> a form satisfactory to the City, showing that the Contractor has complied with this paragraph. All <br /> certificates will provide that the policies will not be canceled until at least 30 calendar days prior <br /> written notice has been given to the City. Failure of the Contractor to demand a certificate or other <br /> sufficient evidence of full compliance with these insurance requirements or failure of the <br /> Contractor to identify a deficiency from the evidence that is provided as proof of insurance will <br /> not be construed as a waiver of the Contractor's obligation to maintain the required insurance <br /> coverage specified herein. Commercial general liability and motor vehicle insurance will be <br /> written with the City as an additional insured and will be endorsed to provide a waiver of the <br /> carrier's right of subrogation against the City. The kinds and amounts of insurance required are <br /> as follows: <br /> Workers' Compensation Insurance and/or Employer's Liability: In accordance with the provisions <br /> of the Workers' Compensation Act of the State of Texas and/or $500,000.00/$500,000.00 for <br /> Employer's Liability. <br /> Liability Insurance: (1) Commercial general liability insurance (standard ISO version) with a <br /> combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate, <br /> providing coverage for, but not limited to, bodily injury and property damage, premises <br /> /operations, products/completed operations, independent contractors as applicable. (2) Business <br /> Motor Vehicle liability insurance (standard ISO version) in an amount not less than $1,000,000 <br /> per occurrence. <br /> 18 <br /> Recycling Services Contract 2014 05.14.24 Redlines <br />